Fideicomisos en garantía sobre activos intangibles y la problemática jurídica en su ejecución.

Abstract

This research analyzes the legal figure of the guarantee trust from its conception to its current implementation, directing in this way the study to the legal void that exists in the Ecuadorian regulation regarding the guarantee trust contract for intangible assets. This given that it is not common for intangible assets such as trademarks, patents and knowhow to be contributed to a trust, however, these have market value and can be the subject of guarantees of a variety of businesses, which is why their transfer to the trust must be duly regulated. The study is aimed to ensure that the law structures clear rules regarding trademark appraisals so that all parties when contributing intellectual property assets to a trust for guarantee, have the assurance that these intangible assets effectively secure their credits and that the execution process will be conducted securely and efficiently. Therefore, the objective will be to create a resolution that clears up those legal doubts and establishes a fair scheme that allows the rights of the participants to be duly exercised with conditions in accordance with this type of trust. This way, it can become a secure, effective, and suitable vehicle for entrusting the trustee with overseeing the fulfillment of a specialized procedure for intangible assets contributed to a trust for guarantee.